Texas Commission Of Licensing and Regulation Meeting of December 16, 2009

Meeting of December 16, 2009
Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 8:02 a.m., Wednesday, December 16, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, Fred Moses, Lilian Norman-Keeney and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: William Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Dianne Casey, Assistant Deputy Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Pamela Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Jerry Daniels, Director of Financial Services; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Tanya Gauthreaux, Licensing Supervisor; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Simon Skedd, Director of Network Services; and Kay Mahan, Executive Assistant.

Deborah Yurco, seconded by Mike Arismendez, moved to approve the minutes of the meeting of November 16, 2009 and November 17, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Public comments were heard from Dan Hart & Betty Lee Hart concerning the Property Tax Professionals program.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number TOW2009008447C & TOW2009010399D/452-09-5272.TOW, TDLR v. Krenek Tractor Repair & Wrecker Service, Inc. The Commission took no action on this case.

Docket Number BAR2008000544D, COS2008009790D, BAR2008009730D, BAR2008009782D/452-08-3292.BAR, TDLR v. Marc T. Hayes d/b/a Freeloaders Barber Shop. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to grant a continuance on this case. The motion was passed with Mike Arismendez voting in dissent.

Docket Number COS2009005198D/452-09-3688.COS, TDLR v. Kathy Truc Nguyen and Thuan Nguyen d/b/a Pampered Nails. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to grant a continuance. The motion failed with Lewis Benavides, Fred Moses and Lilian Norman-Keeney voting in favor and Mike Arismendez, Frank Denton, LuAnn Morgan and Deborah Yurco voting in dissent. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision with a penalty of $3,500. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E8, Motion For Rehearing on Docket Number ELC2008006132I, TDLR v. Robert Allison. Deborah Yurco, seconded by LuAnn Morgan, moved to grant the Rehearing and remand this case back to the State Office of Administrative Hearings. The motion was passed with Mike Arismendez and Frank Denton voting in dissent.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number ELC2008005861S/452-09-1632.ELC, TDLR v. Charlie Brzozowski d/b/a Charlie’s Handyman Service. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision with a penalty of $2,000. The motion was passed by unanimous vote.

Docket Number ELC2009003981S/452-09-4799.ELC, TDLR v. Terry Cobb d/b/a Terry’s Handyman Service. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2007005847C/452-09-4423.ELC, TDLR v. Millard G. Dorsett d/b/a Dorsett Electrical Service. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 9:20 a.m.

The meeting was reconvened at 9:33 a.m.

Chairman Denton moved to agenda item C, Public Comment. Comments were heard from Mike Pool with Texas Towing and Storage, regarding retrieving cargo from tow yards; and Andy Chesney concerning towing issues.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number BAR2009007965L/452-09-5013.BAR, TDLR v. Balderama Salazar. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2009011138L/452-09-6228.ACR, TDLR v. Gregory S. McGowan. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009001587L/452-09-4193.ELC, TDLR v. Jerry Pruitt. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to vacate the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D2, Contested Cases – Defaults. The final action on the Proposals for Decision is as follows:

Docket Number EAB2007005898C/452-10-0380.EAB, TDLR v. MDS Texas Realty I LP. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BOX2008009552D/452-09-5298.BOX, TDLR v. Phillip Flathers d/b/a No Limit Fighting. Deborah Yurco, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2008004306C/452-09-3803.ACR, TDLR v. James L. Molinoski d/b/a J. Brothers A/C. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009006152L/452-09-3438.ELC, TDLR v. John F. Mullen. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2008007762C, TOW2008007843C/452-09-1627.TOW, 452-09-1628.TOW, TDLR v. Ibrahim Said d/b/a National Auto Collision. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Motions for Rehearing – consideration and possible action on the following cases:

Docket Number COS2009001621D, TDLR v. Jazmine N. Jaimes d/b/a Jazmin’s Salon. Lilian Norman-Kenney, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers COS2009001632C & COS2009001640C, TDLR v. Jessica Devon Nelson. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed with Mike Arismendez voting in dissent.

Docket Number TOW2008008239L, TDLR v. John Thompson. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion failed with Lewis Benavides, LuAnn Morgan and Fred Moses voting in favor; and Mike Arismendez, Frank Denton, Lilian Norman-Keeney and Deborah Yurco voting in dissent. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed with Mike Arismendez, Frank Denton, Lilian Norman-Keeney and Deborah Yurco voting in favor; and Lewis Benavides, LuAnn Morgan and Fred Moses voting in dissent.

The meeting was recessed at 11:05 a.m.

The meeting was reconvened at 11:20 a.m.

Docket Number ELC2009001944C & ELC2009001997C, TDLR v. Ronald G. Childers d/b/a Mr. Generator of Texas, LLC. LuAnn Morgan, seconded by Deborah Yurco, moved to vacate the prior Order and consider the case again before the Commission. The motion was passed with Fred Moses voting in dissent.

Docket Number COS2009001661D, TDLR v. Nasim Noormuhd Rajabali. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009001660D, TDLR v. Vigay Lakshami. Lilian Norman-Keeney, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2008010133C, TDLR v. Silver Towing, LLC. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2009006735L, TDLR v. Stacy Schultz. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed with Mike Arismendez and Deborah Yurco voting in dissent.

Chairman Denton moved to agenda item R, Executive Session at 12:05 p.m.

The meeting was reconvened at 1:05 p.m.

No action was taken in the Executive Session.

Chairman Denton moved to agenda item F, Advisory Board Reports. Public Affairs staff gave brief reports and answered questions from the Commission.

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed adoption of amendments to an existing rule at 16 Texas Administrative Code, Chapter 66, §66.20 regarding the property tax consultant program to implement House Bill 2591, 81st Legislature, Regular Session (2009) and changes recommended by the Property Tax Consultant Advisory Council to improve the education process for new property tax consultant registrants. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules with an effective date of 01/11/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 87, §§87.1, 87.10, 87.15, 87.20-87.26, 87.30, 87.40, 87.44-87.47, 87.50, 87.65, 87.70-87.81, 87.85, and 87.90-87.92 regarding used automotive parts recyclers to implement Senate Bill 1095, 81st Legislature, Regular Session (2009) which addresses the licensing and regulation of used automotive parts recyclers and used automotive parts employees engaged in the buying of vehicles and the selling of used automotive parts. LuAnn Morgan, seconded by Mike Arismendez, moved to approve the rules with the recommended changes, with the effective date of 01/11/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 88, §§88.1, 88.10, 88.20-88.24, 88.26-88.29, 88.40, 88.70-88.79, 88.80, 88.90, 88.91 and 88.100 regarding the licensing and examination of polygraph examiners to implement Senate Bill 1005, 81st Legislature, Regular Session (2009) which transferred the regulation of polygraph examiners from the Polygraph Examiners Board to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1703 relating to the regulation of polygraph examiners. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the rules with recommended changes, with an effective date of 01/11/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the proposed adoption of repeals at 22 Texas Administrative Code, Chapters 391, 393, 395, 397, and 401 relating to the Polygraph Examiner’s Board to implement Senate Bill 1005, 81st Legislature, Regular Session (2009) which transferred the regulation of polygraph examiners from the Polygraph Examiners Board to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1703 relating to the regulation of polygraph examiners. Fred Moses, seconded by Mike Arismendez, moved to abolish the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 94, §§94.1, 94.10, 94.20, 94.22, 94.25, 94.26, 94.70-94.73,94.80, 94.90, 94.91, and 94.100 regarding the property tax professionals program to implement House Bill 2447, 81st Legislature, Regular Session (2009) which transferred the regulation of property tax professionals from the Board of Tax Professional Examiners to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1151 relating to the regulation of property tax professionals; and Agenda item L, Discussion and possible action on the proposed adoption of repeals at 22 Texas Administrative Code, Chapters 621, 623, 624, 625, 627, 628, 629, 630, and 631 regarding the property tax professionals program to implement House Bill 2447, 81st Legislature, Regular Session (2009) which transferred the regulation of property tax professionals from the Board of Tax Professional Examiners to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1151 relating to the regulation of property tax professionals. Fred Moses, seconded by LuAnn Morgan, moved to adopt the new rules at 16 TAC, Chapter 94, §§94.1, 94.10, 94.20, 94.21, 94.22, 94.25, 94.70, 94.71, 94.72, 94.73, 94.80, 94.90, 94.91, and 94.100; repeal existing rules at 22 TAC, Chapters 621, 624, 625, 627, 628, 629, 630, and 631, and Chapter 623, §§623.1-623.5, and §§623.11-623.17 regarding property tax professionals; and that proposed new rule 16 TAC, Chapter 94, §94.26 and the repeal of 22 TAC, Chapter 623, §§623.6-623.10 regarding property tax professionals be withdrawn from consideration for adoption with an effective date of January 11, 2010 for the rules adoption. The motion was passed by unanimous vote.

The meeting was recessed at 2:27 p.m.

The meeting was reconvened at 2:40 p.m.

Chairman Denton moved to agenda item M, Discussion and possible action to approve Criminal Conviction Guidelines for the Polygraph Examiners and Trainees program. LuAnn Morgan, seconded by Fred Moses, moved to approve the Guidelines as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item N, Discussion and possible action to approve Criminal Conviction Guidelines for the Identity Recovery Service Contract Providers program. Fred Moses, seconded by Lilian Norman-Keeney moved to approve the Guidelines as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item O, Discussion and possible action to approve Criminal Conviction Guidelines for the Used Automotive Parts Recyclers and Employees program. Fred Moses, seconded by LuAnn Morgan, moved to approve the Guidelines as presented.

Chairman Denton moved to agenda item Q, Approval of appointments of members to Advisory Board. LuAnn Morgan, seconded by Fred Moses, moved to approve the following appointments. The motion was passed by unanimous vote.

 Elevator Advisory Board – Reappointments: Nancy Crumley (term expires 11/01/2012); Ronnie Niemtschk (term expires 11/01/2012); and Mel Roberson (term expires 11/01/2012).

Chairman Denton moved to agenda item P, Staff Reports. Bill Kuntz and staff members gave reports and answered questions from the Commission.

Chairman Denton moved to agenda item T, Discussion of date, time and location of future Commission meetings. The next Commission meeting date will be set in late January or early February.

The meeting was adjourned at 4:22 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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